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单词 legal aid
释义
legal aid
legal aid assistance to litigants that they might be able to avail them- selves of the usually expensive legal process. In the UK, various schemes have existed from time to time, usually inspired by the legal profession's acceptance of a duty to do work for the less fortunate. As part of the 'welfare state' provisions introduced after the Second World War, England and Wales and Scotland established legal aid schemes. As with most government-funded welfare, the rules – who gets how much for what – change according to the government of the day. The most significant recent development was the establish- ment of a Legal Aid Board for England and a Scottish Legal Aid Board, taking administration of the system away from lawyers. In England in 2000 the LAB was replaced by the LEGAL SERVICES COM- MISSION, aimed at providing better value for money. This is being done through a franchising scheme whereby tested and audited lawyers gain certain privileges. Franchising is not yet compulsory. There are three main forms of legal aid operated by the Scottish Legal Aid Board (SLAB):

(1) advice and assistance (the pink form scheme), which, subject to the

means of the applicant, allows the solicitor to give legal advice. On some specified occasions, court appearances may be possible under the scheme called ABWOR – assistance by way of representation;

(2) civil legal aid, which allows a court action to be raised or defended. Means are assessed, and the SLAB must be satisfied that the case has merit. As well as allowing the litigant legal services (perhaps subject to a contribution) a legal aid certificate can allow the court to reduce or waive the legal expenses normally payable by a losing litigant;

(3) criminal legal aid is available for the defence of criminal charges. Means are less important here – the question is whether it is in the interests of justice that the accused be represented. Unless or until

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legal aid franchise quality standard

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there are no rules of evidence or procedure, and no need to cross- examine, it is quite clear that in the majority of cases justice requires the accused to have a lawyer.

The amounts paid to lawyers by way of fees under the schemes are fixed, often at heavily discounted rates.

The availability of legal aid is an important aspect of the HUMAN RIGHT to a FAIR TRIAL.

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更新时间:2024/10/27 3:39:41